CMP My Take 3

CMP(22) A reply on the Cabinet Mission Plan
1946 and
India's Constitutional question

A.G.Noorani writes(Frontline, January 19 2008) about the Cabinet Mission Plan and its
acceptance with reservations by Muslim League and Congress:

"There are two vital differences between the
“reservations” made by the
Muslim League and by the Congress. For Jinnah and the League, it was a
climbdown from a sovereign Pakistan to a group within a federal India.
For the Congress, it was a triumph. As H.M. Seervai wrote in his book
Partition of India: Legend and Reality, “the Muslim League could not be
expected to give up Pakistan ‘in sack cloth and ashes’; the
reservations enabled the Muslim League to come down from its high perch
of Pakistan”. The other difference is more pertinent.

Nehru said publicly that the groups would be wrecked. The Congress
asserted a right not to work the Cabinet Mission’s Plan in order to
secure its objectives but to “interpret” it as it wished. Jinnah
claimed no such right. The Plan enabled a province to secede from the
group in which it was placed, albeit, after the first general elections.

It had, however, no right to secede from the Union. The Congress
rejected the grouping itself. But Jinnah did not assert he would
secede, regardless of the terms of the Cabinet Mission’s Plan." (end quote)

My take:

It is not accurate to say that acceptance of the Cabinet
Mission Plan was a climbdown from a sovereign Pakistan to a group
within a federal India and a triumph for the Congress. Jinnah did not
surrender sovereignty of Pakistan, except on three subjects only,
namely defence, foreign affairs and communications[1][2][3].
Jinnah and the Muslim League stated that the
Union would not be a
Federal government as Congress envisaged but merely an agent of the
Group Federations, dependent on the Groups for financing and
decision-making on these three subjects [4][5][6].The Congress opined
that a Union so restricted in powers would be unworkable and become the
victim of intrigue by foreign powers[7].

However, the Plan not only restricted the Union
to three subjects as
Jinnah demanded, but also granted the Muslim League a communal veto
over the almost three-times larger Congress majority in the Union
Constituent Assembly, thereby empowering the League to restrict the
Union’s scope as it wished. In contrast, the Congress failed to get
included in the Plan, the Union subjects it wanted including
fundamental rights and currency [8].

The Secretary of State termed Muslim League's
demand, that the Union
Constituent Assembly have no powers to alter Group or Provincial
constitutions, as being 'clearly in accordance with our intentions'[9]. This protected the League’s
majority in two of the three Section
Assemblies and amounted to granting sovereignty to Section Constituent
Assemblies with respect to the Union Constituent Assembly on all
subjects except defence, foreign affairs and
communications.

In other words, compulsory grouping of Provinces in the Sections
Constituent Assemblies B and C granted to the purely Muslim party,
Muslim League, unimpeachable control over territories with 45%
non-Muslim population including a non-Muslim majority province
Assam. The Plan thus granted Muslim League sovereign control over
regions and populations greatly in excess of what the party could have
claimed on basis of Muslim self-determination and its two nation
ideology of incompatibility between India’s 25% Muslim minority and
Hindu majority. It is arguable whether such an arrangement was even
politically sustainable.

Regarding the key Union subject impeding the full sovereignty of
Pakistan, namely defence, one must note that Jinnah described the
communal and ethnic composition of the Army as a strength vis-a-vis
Pakistan. In November 1945 he said: "We can be strong with a Pakistan
which has one of its zones in the west and one in the east of India…And
do not forget that more than 55 per cent of the Indian Army comes from
the Punjab and are mostly Muslims."[10][
It is also well to note what Viceroy Wavell wrote about the Interim
Government in his journal on June 7 1946 - that Jinnah wanted "the
Defence Portfolio for himself, and
Foreign Affairs and Planning for two of his followers.[16].]

Even had the exact letter of the Plan been
implemented, it would have
created a Union in which only half the number of Muslim members in
Union Legislature (40 out of total of 292 members, assuming the same
composition as the Union Constituent Assembly) could exert a communal
veto over all of the Indian Union’s actions and decisions on foreign
affairs and defence. Was such a scheme of veto by a smaller population
and region over a larger population and region, on communal basis,
sustainable in the long run or even desirable? It is doubtful whether
the Congress could have reconciled its constituents to accept such a
veto as the price of non-enforceable unity decreed by the Plan.

A simple majority vote by Muslim League in favour of secession from the
Union in either or both the Section B and C Constituent Assemblies was
perfectly feasible under the Plan and could not be prevented by either
the Union Constituent Assembly or the Indian Army.

Hence, the Plan was neither a climbdown from sovereignty by Jinnah nor
was it a triumph for Congress. The Plan offered the Muslim League a
“higher perch” than the Pakistan it could claim on the basis of Muslim
self-determination.

Not only that, the “reservations” expressed
by the League and Jinnah were in fact, explicit statements of their
“unalterable”
intent to secede from the Union[11][12].

It is also not accurate to state that “Jinnah
claimed no such right of
interpretation of the Plan”. The League in its Resolution of acceptance
on June 6, 1946, interpreted the Plan as
providing “the right and opportunity of secession of Provinces or
groups from the Union by implication” when in fact the Plan did not
provide for any such secession from the Union[13].

The Congress had won legislative majorities in
most provinces including
N.W.F.P. and Assam on the electoral platform of a united India,
and could be expected to oppose the compulsory grouping scheme,
which Muslim League’s resolution declared, inherently formed the
foundation of a fully sovereign Pakistan. Nehru told the Viceroy
“It would be most unfortunate if the Muslim League did not enter the
Constituent Assembly but he did not quite see what assurances could be
given to them, they certainly could not be given an assurance of
Pakistan.”[14]Lord Pethick
Lawrence also explained to Prime Minister
Attlee, these reasons for Congress's refusal to endorse the compulsory
grouping scheme[15].

In summary, by accepting the Cabinet Mission
Plan, Jinnah and Muslim
League did not surrender any substantial sovereignty to the Union; in
contrast the Congress failed to get its demands for the federal centre
accepted. Moreover, inspite of the Plan’s provisions, Jinnah explicitly
asserted intent to secede; also, Muslim League did claim a right to
interpret the Plan as granting the right of secession from the Union;
and ultimately, Congress had ample reason to believe that the Plan was
not politically sustainable and that the compulsory grouping scheme
would
result in a sovereign Pakistan.

References:[1]The Transfer Of Power 1942-7, Volume VII, page
440.[CMP(11)]
Jinnah stated on May 6 1946 during the Simla Conference
"The only way to prevent complete partition was that Provinces should
group themselves together by choice.They should set up
constitution-making machinery which de facto would be sovereign
though not de jure. These group constitution-making bodies would deal
with all matters including the Provincial constitutions and excepting
only the three subjects given to the Union. "

[2]The Transfer Of Power 1942-7, Volume VII, page 508.[CMP(8)]
Jinnah stated on May 11, 1946 during the Simla Conference "that he
could not agree to an arbitrator deciding on the question of the
sovereignty of Pakistan. Subject to the whole picture, he was willing
to agree to the sovereignty of Pakistan being delegated to a Union for
the three subjects providing a Sovereign Pakistan was recognised in the
form of a Group."

[3]Jinnah's Speech at the Secret Session of the All India Muslim League
Council, New Delhi, June 6 1946. 'Speeches, Statements and Messages of
the Quaid-e-Azam', Vol IV, Khurshid Yusufi, Bazm-i-Iqbal, Lahore.[CMP(4)]
"The Groups should have power on all subjects except defence,
communications and foreign affairs. But so far as defence is concerned,
it would remain in the hands of the British till the new constitution
was enforced. So they need not worry about it now. They would fight in
the Constituent Assembly to restrict "Communications" to what was
absolutely necessary for defence only."

[4] Second Simla Conference, May 5, 1946, The
Transfer Of Power 1942-7,
Volume VII, page 425[CMP(8A)]
The Muslim League said that the Congress President's letter accepting
the invitation to the Conference contemplated not a Union but a Federal
Government and it specified that Customs, Currency, Tariffs and other
ancillary matters should be Central subjects. On the assumption that
there were going to be two groups which would be Federations there
should be a levy on the two Federations. The Union should submit to the
Federations what amount is considered should be spent and the
Federations must have a voice in the decision. The Union Government
would be a sort of agency for the Federations.

[5] Second Simla Conference, May 5, 1946, The Transfer Of Power 1942-7,
Volume VII, page 425 [CMP(8A)]
Mr. Jinnah said that the League considered that there should be no
independent power of levying direct finance vested in the Union and
that the Central Authority should not have power to levy unlimited
amounts from the units by contribution. The Groups must have a check on
any additional expenditure over an agreed sum. .. If the
representatives of the two Groups were agreed in the Executive that
they wanted more finance, there was no reason to think that the Group
Legislatures would be unreasonable about it.

[6] Terms of the offer made by the Muslim League as a basis of
agreements 12 May 1946. 'Speeches and Documents on the Indian
Constitution 1921-1947', Selected by Sir Maurice Gwyer and A.
Appadorai, OUP, Vol. II[CMP(2)]
The method of providing the Union with finance should also be left for
decision of the joint meeting of the two constitution-making bodies,
but in no event shall it be by means of taxation.

[7] The Transfer Of Power 1942-7, Volume VII,
page 425[CMP(8A)]
It was essential
there should be a legislative forum at the Centre and the necessary
financial apparatus. The Centre must be strong and efficient though it
might be limited. There was otherwise a danger that foreign powers
might intrigue with the Groups.

[8] Terms of Offer made by the Indian National
Congress as a basis of
agreement, 12 May 1946 'Speeches and Documents on the Indian
Constitution 1921-1947', Selected by Sir Maurice Gwyer and A.
Appadorai, OUP, Vol. II[CMP(2)]
“The Constituent Assembly shall draw up a Constitution for the Federal
Union. This shall consist of an all-India Federal Government and
Legislature dealing with Foreign Affairs, Defence, Communications,
Fundamental Rights, Currency, Customs and Planning as well as such
other subjects as, on closer scrutiny, may be found to be intimately
allied to them. The Federal Union will have necessary powers to obtain
for itself the finances it requires for these subjects and the power to
raise revenues in its own right. The Union must also have power to take
remedial action in cases of breakdown of the Constitution and in grave
public emergencies.”

[9]The Transfer of Power 1942-7, Volume VIII,
page 500[CMP(15)]
Lord Pethick Lawrence wrote to Prime Minister Attlee on 13 September
1946
"The Viceroy has reported that Liaquat Ali Khan in conversation with
one of his staff said that the League wanted assurances..(c) that the
Union Assembly would have no power to alter Group or Provincial
constitutions except to prevent overlapping with the Union
constitution, on the scope of which the Federal Court might decide.

(c) is a new point which is not specifically dealt with in the
Statement of May 16th though it is clearly in accordance with our
intentions."

[10]Interview to a representative of the
Associated Press of America,
clarifying various aspects of Pakistan, Bombay, November 8,
1945,'Speeches, Statements and Messages of the Quaid-e-Azam', Vol. III,
Khurshid Yusufi, Bazm-i-Iqbal, Lahore[Extra(1C)]

[11] Jinnah's Speech at the Secret Session of
the All India Muslim
League Council, New Delhi, June 6 1946. 'Speeches, Statements and
Messages of the Quaid-e-Azam', Vol IV, Khurshid Yusufi, Bazm-i-Iqbal,
Lahore. [CMP(4)]
"Acceptance of the Mission's proposal was not the end of their struggle
for Pakistan. They should continue their struggle till Pakistan was
achieved.".

[12] Resolution passed by the Council of the All-India Muslim League, 6
June 1946 'Speeches and Documents on the Indian Constitution
1921-1947', Selected by Sir Maurice Gwyer and A. Appadorai, OUP, Vol.
II[CMP(4)]

"In order that there may be no manner of doubt in any quarter, the
Council of the All-India Muslim League reiterates that the attainment
of the goal of a complete sovereign Pakistan still remains the
unalterable objective of the Muslims in India for the achievement of
which they will, if necessary, employ every means in their power, and
consider no sacrifice or suffering too great."

[13]ibid.The Muslim League resolution of June 6
1946 stated[CMP(4)]:
"Muslim League is accepting the scheme, and will join the
constitution-making body, and it will keep in view the opportunity and
right of secession of Provinces or groups from the Union, which have
been provided in the Mission's plan by implication. The ultimate
attitude of the Muslim League will depend on the final outcome of the
labours of the constitution-making body and the final shape of the
Constitutions which may emerge from the deliberations of the body
jointly and separately in its three Sections."

[15]The Transfer of Power 1942-7, Volume VIII,
page 500[CMP(15)]
Lord Pethick Lawrence to Prime Minister Attlee on 13 September 1946.
"I feel convinced that there are two distinct reasons for the Congress
adopting this idea. The first is their strong dislike of the whole idea
of grouping as being a development which would facilitate a later
creation of Pakistan by a Group, already closely integrated, breaking
away from the Union.

This fear is not entirely without foundation since the Muslim League in
their resolution of 6th June accepting the Statement of May 16th said
that the League were willing to co-operate with the constitution-making
machinery proposed in the interests of a peaceful solution and
"inasmuch as the basis and foundation of Pakistan are inherent in the
Mission's plan by virtue of compulsory grouping of the six Muslim
Provinces in Section B and C", in the hope that it would ultimately
result in the establishment of complete sovereign Pakistan.

Secondly, however, there is the objection vociferously raised by the
Congress supporters in Assam and North-West Frontier Province that if
the Provincial constitution is framed by majority vote of the Section
the constitutions of those Provinces will be determined by the votes of
Bengal, and of Sind and the Punjab respectively."

[16] Wavell,
The Viceroy's Journal, Ed. Penderel Moon, June 7 1946.[CMP(12C)]
"At 7 p.m. I had an hour with Jinnah on the
Interim Government. Not very successful. He said the League would only
come in on the 5:5:2 formula, on which he claimed I had given him
an assurance. I said that I had not, though it was the formula to which
I was still working. He wanted the Defence Portfolio for himself, and
Foreign Affairs and Planning for two of his followers."